사기
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for three and half years.
(b).
1. Summary of grounds for appeal;
A. Error of fact 1) Defendant A did not have the intention to obtain fraud, and there is no fact that the victims had been enticed.
B) In particular, the Defendant: (a) requested Co-Defendant B to provide a loan of KRW 90 million on or around June 2008; (b) however, the Defendant was aware of the fact that the above B was unaware of borrowing KRW 100 million from the victim D on a temporary basis; (c) thus, the Defendant did not commit deception to the above victim; and (d) did not intend to obtain fraud at that time, and did not do so with the above B; (c) Nevertheless, the lower court convicted the Defendant of the facts charged in the instant case, which affected the conclusion of the judgment by mistake of facts.
2) In light of the facts constituting the crime of Defendant BA in the judgment below, the Defendant paid a considerable amount of interest that the Defendant promised to the victim D as to the part of the Defendant in the crime of “2014 Highest 898,” and the fact that the said victim said that he would repay the money loaned from around 2007 to around 2008, and that he continued to engage in financial transactions with the Defendant even after that, the Defendant did not deceiving the said victim, and did not intend to commit the crime of defraudation at that time.
B) As to the facts charged in the judgment of the court below, the defendant stated that "2014Kadan1177" was to borrow money from the victim G at the time of borrowing money from the victim G, and in fact, the amount borrowed from the above victim was actually disbursed for the pention project, but it was impossible to repay the money borrowed from the above victim because the pention project was poor unlike the expected, so the defendant was not accused of the above victim, and there was no intention to acquire money at the time, and there was an error of law that affected the conclusion of the judgment by erroneous determination of facts that found the defendant guilty of the facts charged in the case against the defendant.
B. The lower court’s sentence Defendant A against the Defendants: imprisonment with prison labor for one year and Defendant B.